HomeMy WebLinkAbout20141434.tiffCaeki-oka 1D4tifegi
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/ WORK SESSION REQUEST
RE: Touch Legal, Inc. Agreement Renewal DATE:
DEPARTMENT: Information Technology, on behalf of the Weld Sheriffs Office
PERSON REQUESTING: Ryan Rose
Brief description of the problem/issue:
Touch Legal, Inc. provides hardware kiosk systems to the Weld County jail. The kiosks provide access to a fully
compliant electronic law library to the inmate population. The kiosks use a shatter -proof touch screen that allows
inmates to easily access legal data and research materials as mandated by law. The kiosks are completely
contained systems which prevent all internet access.
The BOCC signed an agreement for electronic law library hardware and software services with Touch Legal,
Inc., in May 2014 (agreement 2014-1434) and the Agreement expires December 31, 2017.
The attached agreement between the Board of Weld County Commissioners on behalf of the Weld County
Sheriffs Office provides hardware and software services from January 1, 2018 through December 31, 2018, and
may be extended for additional one-year periods thereafter, not to exceed three additional periods. The annual fee
for use of the Equipment is based on a monthly fee of $1,375, for a total payment of $16,500.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options)
The Weld County Jail is required by law to provide inmates access to law library services. Touch Legal specializes
in completely contained systems which restrict access to only law library services and has been working well for
several years.
Recommendation:
It is recommended that the BOCC approve the renewal agreement for an additional year.
Sean P. Conway
Julie Cozad
Mike Freeman
Barbara Kirkmeyer, Pro-Tem
Steve Moreno, Chair
Annrove Schedule
Recommendation Work Session
Other/Comments:
C-0-; 8x, (ri)
020141- C(f/
Jc D ab3a`_
WELD COUNTY AGREEMENT FOR ELECTRONIC LAW LIBRARY
HARDWARE AND SOFTWARE SERVICES
BETWEEN WELD COUNTY SHERIFF'S OFFICE & TOUCH LEGAL, INC.,
DBA TOUCH SONIC TECHNOLOGIES
THIS AGREEMENT is made and entered into this otrfay of , 020/r, by and
between the County of Weld, a body corporate and politic of the State of Co oY rado, by and through
its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631,
on behalf of the Weld County Sheriffs Office, hereinafter referred to as "County", and Touch
Legal, Inc., DBA Touch Sonic Technologies, whose address is 2630 Mendocino Avenue, Santa
Rosa, CA 95403, hereinafter referred to as "TLI".
WHEREAS, the County is in need of obtaining the services listed in the Scope of Service
attached hereto and referred to herein as "Exhibit A," and
WHEREAS, TLI is authorized to do business in the State of Colorado and has the time,
skill, expertise, and experience necessary to provide the electronic law library hardware and
software services as set forth below;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. Term. The terms of this Agreement shall be from January 1, 2018, through and until
December 31, 2018, and may be extended for additional one-year periods thereafter, not to
exceed three (3) additional one-year periods, upon mutual written agreement of the parties
made on or before December 1st of each year. Changes in compensation for extension terms
shall be made for each extension year only as detailed in paragraph 3, below.
2. Services. TLI agrees to provide the law library hardware and software services
set forth in Exhibit A for the compensation detailed in paragraph 3, below.
3. Compensation/Contract Amount. The annual fee for use of the Equipment commencing
January 1, 2018, through December 31, 2018, shall be based on a monthly fee of $1,375.00,
for a total payment of $16,500. Annual Fees as a result of extension shall be from January Pt
to December 31st, of the additional year, and shall be based on a monthly fee of $1,375.00,
for an annual cost of $16,500. Payment for services commencing on January 1, 2018 shall be
tendered to TLI upon execution of the subject agreement. Payment for Annual Extensions as
exercised by the County pursuant to Section 1 shall be payable within 30 days of the
commencement date of the said extension. Payment shall be delivered to the address set forth
above, or as such place as TLI may designate from time to time. TLI agrees to stay in
compliance with current state and federal law relating to the services provided, and will not
increase charges during any annual period in order to remain compliant.
4. Independent Contractor. TLI agrees that it is an independent contractor and that TLI's
officers, agents or employees will not become employees of Weld County, nor entitled to any
employee benefits from Weld County as a result of the execution of this Agreement. TLI shall
1
perform its duties hereunder as an independent contractor. TLI shall be solely responsible for
its acts and those of its agents and employees for all acts performed pursuant to this
Agreement. TLI, its employees and agents are not entitled to unemployment insurance or
workers' compensation benefits through Weld County and shall not pay for or otherwise
provide such coverage for TLI or any of its agents or employees.
5. Insurance and Indemnification. TLI must secure, at or before the time of execution of
any agreement or commencement of any work, the following insurance covering all
operations, goods or services provided pursuant to this request. TLI shall keep the required
WakersCom on insurance, as required by state statute, Employer's Liability Insurance
covering all TLI's employees and Commercial General Liability Insurance coverage in force
at all times during the term of the Agreement, or any extension thereof, and during any
warranty period. The insurance coverages specified in this Agreement are the minimum
requirements, and these requirements do not decrease or limit the liability of TLI. The
County in no way warrants that the minimum limits contained herein are sufficient to protect
TLI from liabilities that might arise out of the performance of the work under this contract
by TLI, its agents, representatives, employees, or subcontractors. TLI shall assess its own
risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader
coverages. TLI is not relieved of any liability or other obligations assumed or pursuant to
the contract by reason of its failure to obtain or maintain insurance in sufficient amounts,
duration, or types. TLI shall maintain, at its own expense, any additional kinds or amounts
of insurance that it may deem necessary to cover its obligations and liabilities under this
Agreement. TLI shall provide proof of insurance to Weld County.
TLI stipulates that it has met the insurance requirements identified herein. TLI shall be
responsible for the professional quality, technical accuracy, and quantity of all materials and
services provided, the timely delivery of said services, and the coordination of all services
rendered by TLI shall, without additional compensation, promptly remedy and correct any
errors, omissions, or other deficiencies.
6. Extension or Modification. Any amendments or modifications to this agreement shall be
in writing signed by both parties. No additional services or work performed by TLI shall be
the basis for additional compensation unless written authorization and acknowledgement are
obtained from the County for such additional services.
7. Non -Assignment. TLI may not assign or transfer this Agreement, any interest therein or
claim thereunder, without the prior written approval of the County.
8. Non -Appropriation. No portion of this Agreement shall be deemed to create an obligation
on the part of the County to expend funds not otherwise appropriated in each succeeding
year.
9. Waiver of Immunities/Third Party Liability. No portion of this Agreement shall be
deemed to constitute a waiver of any immunities of the County or its officers or employees
may possess, nor shall any portion of this Agreement be deemed to have created a duty of
care with respect to any person other than County and not a party of this Agreement.
2
10. Notices. Service of all notices under this Agreement shall be sufficient if given personally or
mailed certified, return receipt requested, postage prepaid, at the address hereinafter set forth,
or to such address as such party may provide in writing from time to time.
If to TLI:
Touch Legal, Inc.
2630 Medocino Avenue
Santa Rosa, CA 95403
If to Weld County:
Weld County Sheriff's Office
2110 O Street
Greeley, CO 80634
11. Acceptance Not Waiver. The County's approval of drawings, designs, plans, specifications,
reports and incidental work or materials furnished hereunder shall not in any way relieve TLI
of responsibility for the quality or technical accuracy of work. Approval or acceptance of, or
payment for, any of the services shall not be construed to operate as a waiver or any rights or
benefits provided to the County under this Agreement.
12. Miscellaneous.
a. Headings. Headings used in this Services Agreement are provided for convenience only and
shall not be used to construe meaning or intent.
b. Governing Law. This Services Agreement shall be construed and enforced according to laws
of the State of Colorado.
c. Severability. If any provision of this Services Agreement is determined to be unenforceable
or invalid for any reason, the remainder of this Services Agreement shall remain in effect,
unless otherwise terminated in accordance with the terms contained herein.
d. Exhibit A Incorporated Herein. The terms and conditions set forth in the Scope of Service in
Exhibit A are incorporated fully herein.
Acknowledgment. The County and TLI acknowledge that each has read this Agreement,
understands it and agrees to be bound by its terms. Both parties further agree that this Agreement,
with the attached Exhibits A, is the complete and exclusive statement of agreement between the
parties and supersedes all proposals or prior agreements, oral or written, and any other
communications between the parties relating to the subject matter of this Agreement.
3
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this
day of 21mac-- , 2017.
CONTRACTOR:
Touch Legal, Inc.
By: il1c
Name: /1 itiN a/d .n
Title: L/
Date
/g
ia//9///-
WELD COUNTY:
ATTEST: v• `. '� BOARD OF COUNTY COMMISSIONERS
Weld C . n Clerk to the Board WELD COUNTY, COLORADO
BY:
Deputy Cterkg. the : card
4
Steve Moreno, Chair ,JAN 2 2 2018
SUBSTANCE:
or Departm
ao/V ii3471-
EXHIBIT "A"
SCOPE OF SERVICES
1. Electronic Law Library Hardware and Software Services. TLI hereby agrees to provide
Weld County, and Weld County herby accepts the following described Equipment from
TLI:
• Five (5) TST 15 Library Kiosks
• Five (5) Mobile Cart Brackets
2. Shipping. TLI shall be responsible for shipping any replacement Equipment to Weld
County's premises.
3. Use. Weld County shall use the Equipment in a careful and proper manner and shall
comply with and conform to all national, state, municipal, police and other laws,
ordinances and regulations in any way relating to the possession, use or maintenance of
the Equipment,
4. Legal Content Updates. Weld County shall be responsible for performing installation of
legal content updates, which will be provided to Weld County by TLI via electronic hard
drive approximately four (4) times per year or as said content updates are provided by
LexixNexis. TLI to provide training and telephone support as required.
5. Repairs. TLI, at its own cost and expense, shall keep the Equipment in good repair,
condition and working order and shall furnish any and all parts, mechanisms and devices
required to keep the Equipment in good mechanical working order. Weld County shall
provide TLI with facility clearance and access as required to perform Equipment repairs.
6. Loss and Damage.
A. Weld County hereby assumes and shall bear the entire risk of loss and damage to the
Equipment from any and every cause whatsoever with the exception that Weld
County shall not be liable for loss or damage to the Equipment caused by Acts of God
such as tornado, flood, earthquake or the like. No loss or damage to the Equipment or
any part thereof shall impair any obligation of Weld County under this Services
Agreement which shall continue to in full force and effect through the term of the
Services Agreement, unless the Equipment has been lost or damaged as the result of
an Act of God as above stated.
B. In the event of loss or damage of any kind whatever to the Equipment, Weld County
shall, at TLI's option:
i. Place the same in good repair, condition and working order; or
ii. Replace the same with like Equipment in good repair, condition and
working order; or
iii. Pay to TLI the replacement cost of the Equipment.
7. Surrender. Upon the expiration or earlier termination of this Service Agreement, Weld
County shall return the Equipment to TLI in good repair, condition and working order,
ordinary wear and tear resulting from proper use thereof alone expected, by delivering the
Equipment at Weld County's cost and expense to such place as TLI shall reasonably
specify within 14 days of termination.
8. Ownership. The Equipment is, and shall at all times be and remain, the sole exclusive
property of TLI; and Weld County shall not have right, title or interest therein or thereto
except as expressly set forth in this Service Agreement.
2
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/ WORK SESSION REQUEST
RE: Touch Legal, Inc. Agreement Extension Renewal DATE: December 8, 2016
DEPARTMENT: Information Technology, on behalf of the Weld Sheriff's Office
PERSON REQUESTING: Ryan Rose
Brief description of the problem/issue:
Touch Legal, Inc. provides hardware kiosks systems to the Weld County jail. The kiosks provide access to a fully compliant
electronic law library to the inmate population The kiosks use a shatter -proof touch screen that allows inmates to easily
access legal data and research materials as mandated by law. The kiosks are completely contained systems which prevent
ANY Internet access.
The BOCC signed an agreement for electronic law library hardware and software services with Touch Legal, Inc., in May
2014 (agreement 2014-1434). The Original Agreement can be renewed through December 3l, 2017, upon annual written
agreement by both parties. Annual fees as a result of extension shall be from January 1st to December 31st ofadditional
years, and are based on a monthly fee of $1,375.00, for an annual cost of $16,500.00.
The attached agreement extension between the Board of Weld County Commissioners on behalf of the Weld County
Sherilrs Office provides for hardware and sollware services from January 1, 2017 through December 31, 2017, in the
amount of $16,500. This is the linal renewal term.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options)
The Weld County Jail is required to provide inmates access to law library services. This provider specializes in
completely contained systems which restrict access to only law library services.
Recommendation:
It is recommended that the BOCC approve the extension agreement for an additional term.
Mike Freeman, Chair
Sean P. Conway
Julie Cozad
Steve Moreno
Barbara Kirkmcyer
Approve
Recommendation
Schedule
Work Session
/02-02-1-/4"
Other/Comments:
3o 0D3�'.
Signature
CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN
THE WELD COUNTY SHERIFF's OFFICE
AND TOUCH LEGAL, INC, DBA TOUCH SONIC TECHNOLOGIES (TLI)
This Agreement Extension/Renewal ("Renewal"), made and entered into /nop ay of December, 2016, by and between the
Board of Weld County Commissioners, on behalf of the Weld County Sheriff's Office, hereinafter referred to as the "Sheriff's Office",
and Touch Legal Systems, LLC, hereinafter referred to as the "Contractor".
WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the
Board of County Commissioners as document No. 2014-1434, approved on May 12, 2014.
WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the
Original Agreement, which is incorporated by reference herein, as well as the terms provided herein.
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows:
• The Original Agreement can be renewed through December 31, 2017, upon annual written agreement by both parties.
The parties agree to extend the Original Agreement for an additional 1 year period, which will begin January 1, 2017, and
will end on December 31, 2017, for the agreed amount of $16,500. This Is the final renewal term
The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The
following change is hereby made to the Contract Documents:
1. There are no changes
All other terms and conditions of the Original Agreement remain unchanged.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written.
CONTRACTOR: Touch Legal, Inc.
wy
.
ted Name
ATTEST:
Weld C
By
Waidev:Ok
Deputy Clerk t flthe Board
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
•
Mike Freeman, Chair
APP
TO
DEC 1 9 2016
artment Head
020i* i1i
RESOLUTION
RE: APPROVE AGREEMENT FOR ELECTRONIC LAW LIBRARY HARDWARE AND
SOFTWARE SERVICES AND AUTHORIZE CHAIR TO SIGN - TOUCH LEGAL, INC.,
DBA TOUCH SONIC TECHNOLOGIES
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on the 5th day of May, 2014, the Board was presented with an Agreement for
Electronic Law Library Hardware and Software Services between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Information Technology for the Sheriff's Office, and Touch Legal, Inc., dba Touch
Sonic Technologies, and continued the matter to May 12, 2014, to allow staff adequate time to
add a congruous contract from Lexis Nexis for consideration, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement for Electronic Law Library Hardware and Software
Services between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Information Technology for the
Sheriff's Office, and Touch Legal, Inc., dba Touch Sonic Technologies, be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
CC cs4 or) so ( KH�
5IP412,01,1
2014-1434
SO0035
RE: AGREEMENT FOR ELECTRONIC LAW LIBRARY HARDWARE AND SOFTWARE
SERVICES - TOUCH LEGAL, INC., DBA TOUCH SONIC TECHNOLOGIES
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of May, A.D., 2014.
ATTEST: diaLsi w. sick /,
Weld County Clerk to the Board
BY:
D
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,
COLORADO
allDo�glds Rademacher, Chair
r
Itirt
'ro-Tem
rbara Kirkmeyer,
ty Clerk to the B• j:) .p: %XCUSED
AP'P ED
ou y Attorney
Date of signature: 610014
can P. Conway
ike Fr
Willie . Garcia
2014-1434
SO0035
MEMORANDUM
TO: Esther Gesick, Clerk to the Board May 8`h, 2014
FROM: Ryan Rose, Chief Information Officer
SUBJECT: ouch -Legal Inc:' and Lexis/Nexis Software and
Hardware Maintenance Renewal
Touch Legal Inc. provides hardware kiosks systems to the Weld County jail. The kiosks
provide access to a fully compliant electronic law library to the inmate population. The
kiosks use a shatter -proof touch screen that allows inmates to easily access legal data
and research materials as mandated by law. The kiosks are completely contained
systems which prevent ANY internet access.
Lexis Nexis is the provider of the Law Library database that TLI leverages on the kiosks.
It is recommended that the BOCC approve the $11,000 for the remainder of fiscal year
2014 and the specified $16,500 for fiscal year 2015.
2014-1434
AGREEMENT FOR ELECTRONIC LAW LIBRARY
HARDWARE AND SOFTWARE SERVICES
tt
THIS AGREEMENT is made and entered into this la aay of ,b{ , 2014, by
and between the County of Weld, a body corporate and politic of the State of Colorado, by and
through its Board of County Commissioners ("County"), whose address is 1150 "O" Street,
Greeley, Colorado 80631, and Touch Legal, Inc., DBA Touch Sonic Technologies ("TLI"),
whose address is 2630 Mendocino Avenue, Santa Rosa, CA 95403.
WITNESSETH:
WHEREAS, County is in need of obtaining the services listed in the Scope of Services
attached hereto and referred to herein as "Exhibit A," and
WHEREAS, TLI has the electronic law library hardware and software services available
and is willing to perform the steps necessary to complete the Scope of Services, according to the
terms of this Agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. TERM: The term of this Agreement shall be from May 1, 2014, through and until
December 31, 2014, and may be extended for additional one-year periods thereafter, not
to exceed three (3) additional one-year periods, upon mutual written agreement of the
parties made on or before December 1st of each year. Changes in compensation for
extension terms shall be made for each extension year only as detailed in paragraph 3,
below.
2. SERVICES PROVIDED BY TLI: TLI agrees to provide the law library hardware and
software services set forth in Exhibit A for the compensation detailed in paragraph 3,
below.
3. COMPENSATION: The annual fee for use of the Equipment commencing May 1, 2014,
through December 31, 2014, shall be based on a monthly fee of $1,375.00, for a total
payment of $11,000. Annual Fees as a result of extension shall be from January 1st to
December 31st, of the additional year, and shall be based on a monthly fee of $1,375.00,
for an annual cost of $16,500. Payment for services commencing on May 1, 2014 shall
be tendered to TLI upon execution of the subject agreement. Payment for Annual
Extensions as exercised by the County pursuant to Section I shall payable within 30 days
of the commencement date of said extension. Payments shall be delivered to the address
set forth above, or at such other place as TLI may designate from time to time.
4. INDEPENDENT CONTRACTOR: TLI agrees that it is an independent contractor and
that neither TLI's officers, nor employees will become employees of County, nor entitled
to any employee benefits from County as a result of the execution of this Agreement.
5. INDEMNIFICATION, DESIGN AND INSURANCE: TLI shall be responsible for the
professional quality, technical accuracy, timely completion and the coordination of all
services rendered by TLI and shall, without additional compensation, promptly remedy
and correct any errors, omissions, or other deficiencies. TLI shall obtain and maintain at
all times during the term of this Contract, Workers' Compensation Insurance as required
by state statute, Employer's Liability Insurance covering all of TLI's employees acting
within the course and scope of their employment, and Commercial General Liability
Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent. TLI shall
provide proof of such insurance to County.
6. NON -ASSIGNMENT: TLI may not assign or transfer this Agreement, any interest
therein or claim thereunder, without the prior written approval of County.
7. ENTIRE AGREEMENT/MODIFICATIONS: This Agreement constitutes the entire
understanding between the parties with respect to the promises and covenants made
therein. No modification of the terms of this Agreement shall be valid unless made in
writing and agreed to by both parties.
8. NON -APPROPRIATION: No portion of this Agreement shall be deemed to create an
obligation on the part of County to expend funds not otherwise appropriated in each
succeeding year.
9. WAIVER OF IMMUNITIES/THIRD PARTY LIABILITY: No portion of this
Agreement shall be deemed to constitute a waiver of any immunities of County or its
officers or employees may possess, nor shall any portion of this Agreement be deemed to
have created a duty of care with respect to any persons other than County and not a party
to this Agreement.
10. NOTICES: Service of all notices under this Agreement shall be sufficient if given
personally or mailed certified, return receipt requested, postage prepaid, at the address
hereinafter set forth, or to such address as such party may provide in writing from time to
time.
If to TLI:
Touch Legal, Inc.
2630 Mendocino Avenue
Santa Rosa, CA 95403
If to Weld County:
Weld County Sheriff's Office
2110 O Street
Greeley, CO 80634
2
11. ACCEPTANCE NOT WAIVER: County's approval of drawings, designs, plans,
specifications, reports, and incidental work or materials furnished hereunder shall not in
any way relieve TLI of responsibility for the quality or technical accuracy of the work.
County's approval or acceptance of, or payment for, any of the services shall not be
construed to operate as a waiver of any rights or benefits provided to County under this
Agreement.
12. MISCELLANEOUS:
a. Headings. Headings used in this Services Agreement are provided for convenience
only and shall not be used to construe meaning or intent.
b. Governing Law. This Services Agreement shall be construed and enforced according
to laws of the State of Colorado.
c. Severability. If any provision of this Services Agreement is determined to be
unenforceable or invalid for any reason, the remainder of this Services Agreement
shall remain in effect, unless otherwise terminated in accordance with the terms
contained herein.
d. Exhibit A Incorporated Herein. The terms and conditions set forth in the Scope of
Services in Exhibit A are incorporated fully herein.
3
MAY -08-2014 11:32 FROM: 4154369095
TO:1 415 707 6666 P.4/6
IN W •SS WHEREOF, the parties hereto have signed this Agreement this
day of , 2014.
TLI:
SUBSCRIBED AND SWORN to before me this day of
WITNESS my hand and official seal.
My commission expires:
COUNTY:
ATTESTY'e1
Weld County Clerk to the Board
By:
4
Notary Public
COUNTY OF WELD, a political
subdivision of the State of Colorado
y: DUCC 61- rna c �-
Douglal; Radema er, Chairman
Board of County Commissioners of the
County of Weld
MAY 1 2 2014
079%1'-/C51
EXHIBIT "A"
SCOPE OF SERVICES
1. Electronic Law Library Hardware and Software Services. TLI hereby agrees to provide
Weld County, and Weld County hereby accepts the following described Equipment from
TLI:
• Five (5) TST15 Library Kiosks
• Five (5) Mobile Cart Brackets
2. Shipping. TLI shall be responsible for shipping any replacement Equipment to Weld
County's premises.
3. Use. Weld County shall use the Equipment in a careful and proper manner and shall
comply with and conform to all national, state, municipal, police and other laws,
ordinances and regulations in any way relating to the possession, use or maintenance of
the Equipment.
4. Legal Content Updates. Weld County shall be responsible for performing installation of
legal content updates, which will be provided to Weld County by TLI via electronic hard
drive approximately four (4) times per year or as said content updates are provided by
LexisNexis. TLI to provide training and telephone support as required.
5. Repairs. TLI, at its own cost and expense, shall keep the Equipment in good repair,
condition and working order and shall furnish any and all parts, mechanisms and devices
required to keep the Equipment in good mechanical working order. Weld County shall
provide TLI with facility clearance and access as required to perform Equipment repairs.
6. Loss and Damage.
A. Weld County hereby assumes and shall bear the entire risk of loss and damage to the
Equipment from any and every cause whatsoever with the exception that Weld County
shall not be liable for loss or damage to the Equipment caused by Acts of God such as
tornado, flood, earthquake, or the like. No loss or damage to the Equipment or any part
thereof shall impair any obligation of Weld County under this Services Agreement which
shall continue in full force and effect through the term of the Services Agreement, unless
the Equipment has been lost or damaged as the result of an Act of God as above stated.
B. In the event of loss or damage of any kind whatever to the Equipment, Weld County
shall, at TLI's option:
(i) Place the same in good repair, condition and working order; or
(ii) Replace the same with like Equipment in good repair, condition and working
order; or
(iii) Pay to TLI the replacement cost of the Equipment.
7. Surrender. Upon the expiration or earlier termination of this Services Agreement, Weld
County shall return the Equipment to TLI in good repair, condition and working order,
ordinary wear and tear resulting from proper use thereof alone excepted, by delivering the
Equipment at Weld County's cost and expense to such place as TLI shall reasonably
specify within 14 days of termination.
8. Ownership. The Equipment is, and shall at all times be and remain, the sole and
exclusive property of TLI; and the Weld County shall have no right, title or interest
therein or thereto except as expressly set forth in this Services Agreement.
2
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